DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 11/25/2025 have been considered but they are not persuasive. Applicant’s arguments identify several differences between the battery of the primary reference (Yang et al., KR 20140026584 A) and the battery of the instant invention. However, these differences identified by the Applicant are not claimed, and therefore are not required to be taught or suggested by the cited art. Examiner recommends Applicant amend the claims to include these distinction(s) over the prior art.
Applicant argues “Yang discloses a thermoelectric generator, but Yang's thermoelectric generator merely converts the operating heat of a secondary battery cell into electrical energy.” Applicant states Yang’s thermoelectric unit “has no active cooling function for the electrode tabs,” and “if uniform cooling is attempted, the power generation performance is reduced, which defeats the Yang's core technical objective.”
Examiner notes Applicant’s arguments reference the electrode tabs of the present invention, but only one electrode tab is claimed (see “at least one electrode tab” in line 5 of Claim 1). In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., use of a thermoelectric unit to perform active cooling; cooling electrode tabs; and uniform cooling) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The instant claims recite “a thermoelectric unit,” which is disclosed by Yang (Yang, thermoelectric power generation element 20, 20’ with lead wires 21 and 22 [0035-0038, 0041]), and although not required by the claims, Yang discloses a cooling function of the thermoelectric unit ([0040]).
Regarding a secondary reference (Kenney, US 20160359211 A1) cited in the previous rejection, Applicant argues “Kenney's heat exchanger is applied at the module level, not the single cell level, and thus, as described above, cannot perform uniform cooling of a single electrode cell.” Applicant also states “the heat exchanger panel of Kenney, due to its structural characteristics, cannot be used for the electrode of a single battery cell.”
In the Non-Final Rejection, Examiner’s modification of the primary reference by Kenney did not add Kenney’s heat exchanger. Kenney’s teachings were relied upon to “extend the thermoelectric unit of Yang to an area covering a portion of the electrode tab exposed outside of the cell case, as Kenney discloses electrode tabs benefit from direct cooling” (quote from Examiner’s rejection of Claim 1 in the Non-Final). The argument regarding Kenney’s heat exchanger not being able to perform uniform cooling is moot, as Kenney’s heat exchanger was not incorporated into the primary reference.
The claims remain rejected under the prior art cited in the previous action. Examiner has updated Claim 1 to reflect Applicant’s minor amendments to lines 2 and 10 of Claim 1.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al., KR 20140026584 A, and further in view of Ahn et al., US 20190173073 A1 and Kenney et al., US 20160359211 A1.
Regarding Claim 1, Yang discloses a secondary battery (secondary battery cell 10, lithium secondary battery [0037], Figs. 2-5) comprising: an electrode assembly comprising a plurality of electrodes and a separation membrane disposed between the electrodes (a positive electrode plate and a negative electrode plate are stacked with a separator interposed therebetween [0037]);
a case configured to receive the electrode assembly (rectangular plates enclose the electrode plates, separator, and electrolyte [0037]; rectangular plates meeting the limitation of a case);
at least one electrode tab which is connected with the electrodes and protrude to an outside of the case (negative electrode tab 11, positive electrode tab 12 [0037-0038]); and
a thermoelectric unit (thermoelectric power generation element 20, 20’ with lead wires 21 and 22 [0035-0038, 0041]) configured to at least partially cover the electrode tab (the thermoelectric power generation element is attached to the surface of the portion where the electrode tabs of the secondary battery cell protrude [0038]),
wherein the thermoelectric unit (thermoelectric power generation element 20, 20’) comprises:
an insulator (thermoelectric conversion material, performance of the thermoelectric conversion material is inversely proportional to thermal conductivity [0035]); and
a thermoelectric region including thermoelectric elements included in the insulator or attached to the insulator (two electrodes are in contact with both sides of the thermoelectric conversion material and clamp the thermoelectric conversion material [0035]), and is disposed to be overlapped with the electrode tab in a planar view ([0038], Figs. 4a and 4b show planar view),
wherein the electrodes include cathodes and anodes which are repeatedly stacked ([0037]),
the thermoelectric unit partially covers upper and lower surfaces of the case (see annotations to Fig. 4b below) in a stacking direction of the cathodes and anodes in the planar view.
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Yang – Fig. 4b, planar view, with Examiner’s Annotations
Although Yang discloses the highest amount of heat generation is found at the electrode tabs, and encourages placement of thermoelectric elements near the electrode tabs ([0018, 0038]), Yang does not disclose the limitation “the thermoelectric unit partially covers a portion of the electrode tab exposed to the outside”. However, Kenney teaches the importance of having a temperature control device cover a portion of an exposed electrode tab.
Kenney discloses during charging of a lithium ion battery cell, hot spots may develop at the battery tabs, requiring a high capacity for cooling around the battery tabs ([0005, 0030]). To solve this issue, Kenney discloses a battery cooling element 80 should be extended to cover a region that has contact with electrode tabs 16 and 18 of a battery cell 14 ([0081-0085], Figs. 7 and 14) Kenney further discloses the shape of the cooling element can be modified to ensure contact with the battery electrode tabs ([0085], see top and bottom surfaces 104 and 106 in Fig. 14).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to extend the thermoelectric unit of Yang to an area covering a portion of the electrode tab exposed outside of the cell case, as Kenney discloses electrode tabs benefit from direct cooling.
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Kenney – Fig. 7 (left) and Fig. 14 (right)
Modified Yang does not give details regarding an upper and lower surface of the electrode tabs. Modified Yang also does not teach each of the electrodes comprise a notched part protruding from a current collector, the notched part connected with the electrode tab, and a sealing part fused with the electrode tab. However, these limitations are disclosed by Ahn et al.
Ahn discloses a secondary battery 100, comprising upper and lower surfaces of the case (body 121 and cover 123 [0038-0039], Figs. 2 and 3), upper and lower surfaces of the electrode tab (lead tab 114 and electrode tab 112 [0039-0040]), and a sealing part fused with the electrode tab (sealant 125 [0051], Fig. 2). Ahn discloses during the cover coupling process, the sealants enable the electrode assembly, the electrode tabs, the bending connection portions, and the breaking portions to be positioned in a sealed state in the pouch case.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to utilize a sealing part fused with an electrode tab, as well as upper and lower surfaces of the case and electrode tab, as taught by Ahn, in the battery of modified Yang, in order to securely seal the battery components in the case.
Ahn discloses the electrode lead tabs include bending connection portion 114a, and notched breaking portion 115 ([0055]). Ahn discloses when an overcurrent or overcharge occurs, the internal pressure of the pouch case increases, causing the breaking portions to break, so that the flow of the current is cut off. Accordingly, an explosion of the battery may be prevented ([0041], Figs. 4-5).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to utilize an electrode current collector having a notched part which protrudes from the electrode current collector, and is connected with the electrode tab, as taught by Ahn, in the battery of modified Yang, in order to prevent an explosion due to high pressure.
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Ahn – Fig. 2
Modified Yang including the teachings of Ahn establishes a structure wherein the thermoelectric unit (Yang, element 20, 20’ with lead wires 21 and 22; unit is extended to cover a portion of the electrode tab as taught by Kenney) covers the notched part (Ahn, notched breaking portions 115), the sealing part (Ahn, sealant 125), and partially covers the upper and lower surfaces of the electrode tab (Ahn, bending portion 114 and electrode tab 112), which is exposed to the outside of the case in a stacking direction of the cathodes and anodes in the planar view (bending portion 114 exposed to the outside of the case and partially covered by thermoelectric unit; see Annotated Ahn Fig. 2).
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Modified Yang – Annotated Ahn Fig. 2
Regarding Claim 2, modified Yang discloses all limitations as set forth above. Modified Yang discloses the insulator comprises a first insulator which covers an upper surface of the electrode tab (as shown below in Annotated Ahn Fig. 2). Modified Yang also discloses a second thermoelectric unit may be placed on the opposite surface of the battery (Yang, [0038], Fig. 5), and therefore a second insulator covers a lower surface of the electrode tab (as shown below in Annotated Ahn Fig. 2).
As modified Yang discloses the thermoelectric unit and the insulator correspond to the same structure (Yang, [0035]), a first thermoelectric region formed in the first insulator and a second thermoelectric region formed in the second insulator is necessarily present.
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Yang et al., KR 20140026584 A – Fig. 5
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Modified Yang - Annotated Ahn Fig. 2
Claims 3-6 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over modified Yang as applied to Claims 1 and 2 above, and further in view of Smythe et al., US 20120174956 A1.
Regarding Claim 3, modified Yang discloses all limitations as set forth above. Modified Yang discloses the first thermoelectric region and the second thermoelectric region are disposed to face each other with the electrode tab interposed therebetween (see Modified Yang, Claim 2). Modified Yang does not disclose the thermoelectric unit is folded through a hinge part. A hinge part for a thermoelectric device is disclosed by Smythe et al.
Smythe discloses a thermoelectric assembly 400 comprising insulation layers (dielectric layer 120 is configured to electrically insulate circuits included as part of the thermoelectric module [0041], shown as 420 in Fig. 12) and a plurality of thermoelectric modules 402 connected by hinges 406 ([0061-0069], Figs. 12 and 13). Smythe discloses the hinge enables flexibility, so the thermoelectric assembly can be wrapped about surfaces with circular and non-circular cross-sections ([0060-0072]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to replace the thermoelectric unit of modified Yang with the hinged thermoelectric assembly of Smythe, in the secondary battery of modified Yang, in order to have a thermoelectric unit capable of flexing and establishing contact with a variety of shaped surfaces.
Replacing Yang’s two thermoelectric units with one of Smythe’s hinged thermoelectric unit would not modify the location of the thermoelectric units on the battery surface, as there is no teaching or suggestion to do so. Meaning, Smythe’s hinged thermoelectric unit would have modules 402 disposed to face each other, with the hinge 406 positioned on a perpendicular plane to the modules.
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Smythe et al., US 20120174956 A1 – Fig. 12
Regarding Claim 4, modified Yang discloses all limitations as set forth above. Modified Yang discloses the thermoelectric unit (Smythe, thermoelectric assembly 400) further comprises a support (Smythe, substantially rigid lower laminate/substrate 410 [0012, 0064], Figs. 2 and 13) disposed on the case to fix the thermoelectric unit (Smythe, a plurality of thermoelectric elements 412 is disposed generally between the upper laminate 408 and the lower laminate 410 [0064]).
Regarding Claims 5 and 6, modified Yang discloses all limitations as set forth above. Modified Yang discloses the thermoelectric unit (Smythe, thermoelectric assembly 400) may include a plurality of thermoelectric modules attached to the support (Smythe, the assembly 400 includes a plurality of thermoelectric modules 402 [0060], supported by lower laminate 410 in Figs. 12-14). Smythe discloses a plurality of thermoelectric modules may be useful when an area to be cooled is larger than can be accomplished with a single thermoelectric module, useful to connect multiple surfaces, or would otherwise benefit from more than one thermoelectric module ([0058]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add a third thermoelectric region, as disclosed by Smythe, covering a portion of the electrode tab in the case, in the thermoelectric unit of modified Yang, in order to ensure sufficient cooling capacity and coverage across multiple battery surfaces.
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Modified Yang – Annotated Ahn Fig. 2
Regarding Claim 9, modified Yang discloses all limitations as set forth above. Modified Yang discloses the thermoelectric unit further comprises a thermally conductive intermediate layer which is formed in the thermoelectric region (Smythe, thermally conductive layer 414 [0064]), and disposed between the electrode tab and the thermoelectric region (Smythe, see orientation of layer 414 closer to cooling surface compared to thermoelectric support 420 in Figs. 11-13).
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Smythe et al., US 20120174956 A1 – Fig. 13
Regarding Claim 10, modified Yang discloses all limitations as set forth above. Modified Yang discloses the thermal conductive intermediate layer (Smythe, thermally conductive layer 414) comprises thermal grease or heat transfer paste (Smythe, thermal interface material 424 coupled to the thermally conductive layer 414, interface material 424 may be a thermal grease, a thermally-conductive adhesive [0074-0075]).
Regarding Claim 11, modified Yang discloses all limitations as set forth above. Modified Yang discloses the thermoelectric element comprises a P-N diode (Smythe, thermoelectric cooler comprises alternating N-type and P-type thermoelectric elements [0034-0039, 0066], Figs. 1-10).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETHANY C GARCIA whose telephone number is (571)272-2475. The examiner can normally be reached Mon-Fri, 0800 - 1730 MT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at 303-297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BETHANY C GARCIA/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721